Legal News

High Times: California Gears Up for November Legalization Vote

By Ashby Jones

The 2010 midterm congressional elections should provide no shortage of interesting contests: Will Barbara Boxer keep her seat? Who will win the battles over the seats vacated by Chris Dodd and Evan Bayh?

But if those aren’t enough to glue you to your seat for the next eight months, here’s another grabber: Out in California, an initiative to legalize marijuana (and allow it to be taxed and sold) will appear on the November ballot. Click here for the story from the LAT; here for the SF Chronicle’s take.

According to the LA Times, the number of valid signatures reported by Los Angeles County Wednesday afternoon put the measure well beyond the 433,971 it needed to be certified. County election officials estimated that 523,531 were valid.

Already, the battle-lines are forming. The main proponent of the measure, Oakland entrepreneur Richard Lee, said on Wednesday his effort led by a team of experienced political consultants, including Chris Lehane, who has worked in the White House and on presidential campaigns.

But opponents aren’t going to roll over. “There’s going to be a very broad coalition opposing this that will include law enforcement,” John Lovell, a Sacramento lobbyist who represents the California Police Chiefs Assn. and other law enforcement groups, told the LAT.

Even if the measure passes, however, it’s not like it’ll be immediately legal to light up a bowl down on the Santa Monica pier. After all, the possession and sale of marijuana remain a federal crime. And that doesn’t appear likely to change anytime soon. This month, President Obama’s drug czar, R. Gil Kerlikowske, talked down the prospects of legalization in a California speech. Just how any conflict between the two regimes would resolve itself remains unclear.

The initiative would allow adults 21 or older to possess up to an ounce for personal use and would allow adults to grow up to 25 square feet of marijuana per residence or parcel. It would also allow cities and counties to adopt ordinances to authorize the sale and taxation of weed. It’s been said, of course, that the sale and taxation of marijuana could help make a big dent in state budget shortfalls.

Image: Cooljuno411, Wikimedia Commons

Full post as published by Law Blog - WSJ.com on March 25, 2010 (boomark / email).